Subdivision Ordinance
*For a copy of the ordinance, visit our Ordinances page
A subdivision is a parcel of land that has been divided into two or more separate parcels. The Subdivision Ordinance allows the Planning Office four (4) working days to complete their review of submitted applications (Section 3.3b). This assumes all necessary required information is presented.
The classifications of subdivisions are:
- Exempt Subdivisions
- Type A Minor Subdivision
- Type B Minor Subdivision
- Major Subdivision
Exempt Subdivisions
Exempt Classifications:
- Less than 10 acres adjoining a DOH maintained road
- 10 acres or larger
- Transfer to relative (parent, child, grandparent, grandchild)
- Division among heirs or by court order of partition
- Transfer of parcels to achieve boundary line settlement
- Cemetery lots
- Lots with plat or deed recorded prior to June 1, 1991 (no fee)
- Mergers of contiguous parcels
- Utility parcel
Note:
Exempt A:
- Requires septic permit and highway entrance permit.
Exempt B, D, E, & H:
- Does not require septic permit and highway entrance permit.
Exempt Subdivision Procedures
- Apply for WV Department of Highways entrance permit (289-3521).*
- Apply for septic permit at Health Department (788-1321).*
- WV professional surveyor or professional engineer to survey out parcel, prepare plat and deed description.
- Take a copy of the plat and deed description to the attorney preparing the deed.
- After deed preparation, bring exempt application, septic permit/site approval notice from Mineral County Health Department, WV Department of Highways entrance permit, and prepared deed and plat to the Mineral County Planning Commission Office for review.
- Record the deed/plat in the Mineral County Clerk’s Office.
* It recommended to complete Nos. 1 and 2 first to allow additional time due to the fact that several agencies are involved in this step. (Certified installer, applicant, Mineral County Health Department, Mineral County Planning Commission, WV Department of Highways)
Minor Subdivisions
The minor subdivision process is designed to allow small subdivisions, which would have little impact on the county, to be processed and approved in a minimum amount of time by the Planning Commission and/or its staff.
Type A Minor Subdivision:
Type A Minor subdivision is the formation of one lot subdivided from a large tract or parcel that may be served by an existing road and right-of-way.
The application/requirements for a Type A Minor subdivision are obtained from the Office of the Planning Commission. A copy of the Department of Highways entrance permit, Health Department approved sewage disposal permit and applicable fees need to be submitted with the application.
Type B Minor Subdivision:
Type B Minor subdivision is the formation of two to five lots subdivided from a larger tract or parcel, as recorded 6/1/91, including the remainder or residue.
The application/requirements for a Type B Minor subdivision are obtained in the Office of the Planning Commission. A copy of the Department of Highways entrance permit issued for the subdivision and Health Department approved sewage disposal and/or well permits for each lot and applicable fees need to be submitted with the application.
Major Subdivision
The prospective sub-divider needs to set up a pre-application conference with the Planning Commission for advice on how the requirements of the ordinance are to be met. Sub-divider needs to provide a rough sketch plat of the proposed subdivision and provide information regarding such subjects as soil types, intended method of sewage disposal, number and size of lots, location and size of the streets/access roads, land to be held in common, provisions for utilities, existing and proposed drainage of surface water, and proposed method of road maintenance. The subdivider will follow up by submitting an application, fulfilling necessary requirements and fees to proceed.
| Subdivision Permit Fee Schedule (Effective July 2023) | ||
|---|---|---|
| Exempt Fee **Plus Per Parcel | - - | $100.00 $50.00 |
| Exempt Fee A, C, & G (DOH Entrance and Septic Permits Required) | - | $100.00 |
| Exempt Fee B, D, E, & H (No DOH Entrance and Septic Permits) | - | $50.00 |
| Exempt Fee I (Utility Parcel; DOH Entrance and Septic Permit Required, but no fee to government entity for public service) | - | $50.00 |
| Exempt Fee F (Cemetery Lots) | - | $25.00 |
| Waiver Application Fee | $100.00 | |
| Type A Minor Subdivision Plat | - | $200.00 |
| Type B Minor Subdivision Plat Plus Per Lot | - - | $300.00 $50.00 |
| Preliminary Plat Engineer Review Fee Per Plat | - | $80.00 |
| Corrected Plat | - | $50.00 |
| Inspection Fee/Visit After Second Inspection | - | $150.00 |
| Printed Copy of Subdivision Regulations (email = free) | - | $25.00 |
| Major Subdivision Preliminary Plat --- Plus Per Lot/Section/Phase | - | $1000.00 $100.00 |
| High Density Residential Major Subdivision (3500 sq. foot lots min.) | $1000.00 | |
| Class I Residential Major Subdivision (1/2 acre lots min.) | $1000.00 | |
| Class II Residential Major Subdivision (2 acre lots min.) | $1000.00 | |
| Trailer Park or Mobile Home Park (3500 sq. foot lots min.) | $1000.00 | |
| Industrial Park | $2500.00 | |
| Note: Subdivision – Any parcel of land which has been divided into two or more separate parcels. | ||
| All fees are made payable to the Mineral County Health Department | ||